Australian Researchers Rattled by Export Control Law

Science ◽  
2013 ◽  
Vol 339 (6125) ◽  
pp. 1263-1263
Author(s):  
L. Dayton
Keyword(s):  

Significance It establishes a comprehensive framework for restricting export of military and dual-use products and technologies on national security grounds or for public policy reasons. It creates a legal basis for mandatory licensing or outright prohibition of the export of products, services or technologies based on their features, their end-users and end-uses, and geographical destinations. Impacts Export controls will help to maintain the international competitiveness of Chinese firms as their technological capabilities advance. Foreign companies may find themselves under investigation in China for acts they perform elsewhere. The law covers transportation, so shipping companies may need to reconsider their routing decisions.


Headline CHINA: Export control law expands Beijing’s options


Author(s):  
Kai Ambos

Abstract I examine the criminal responsibility of companies for crimes committed with their exported weapons, even if that export was authorised by national authorities. Responsibility may rise directly from the national export control law and/or from (international) criminal law (icl) concerning (international) crimes committed. While (transnational) corporations have a due diligence obligation to prevent serious human rights violations, it is unclear how a national authorisation relates to this. Does it displace it, or is the authorisation overridden by the obligation? To better understand how a national authorisation procedure works, before analysing this issue from an icl perspective, I analyse German law regarding a recent case of weapons supply to Mexico. The situation under icl law is then examined regarding the Yemen complaint submitted to the International Criminal Court (icc). The article attempts some thoughts on dealing with this and similar cases, hoping to serve as a starting point for further debate.


2020 ◽  
pp. 185-210
Author(s):  
Ulrike M. Bohlmann ◽  
Gina Petrovici
Keyword(s):  

2019 ◽  
pp. 1-26
Author(s):  
Ulrike M. Bohlmann ◽  
Gina Petrovici
Keyword(s):  

2021 ◽  
pp. 69-94
Author(s):  
Joop Voetelink

AbstractTraditionally, the control of the export of arms and other military material is a national concern that flows from the principle of state sovereignty. As international public law developed, national rules and regulations were increasingly affected by a growing body of international law. Together, these rules and laws constitute an emerging subdiscipline of law impacting the international trade in military and dual-use goods, technology, and software and can be referred to as export control law. This chapter explores various well-established disciplines of public international law that form the constituent parts of international export control law.


2020 ◽  
Vol 22 (4) ◽  
pp. 197-220
Author(s):  
Jing-Jing Wang ◽  
Xuan Zhou ◽  
Chang-Hwan Choi
Keyword(s):  

Headline CHINA: Export Control Law gives China new trade weapon


Author(s):  
Dominic Köstner ◽  
Marcus Nonn

AbstractOn 1 December 2020, the Export Control Law of the People’s Republic of China entered into force. The PRC’s first comprehensive piece of legislation on export control had been passed by the Standing Committee of the National People’s Congress on 17 October 2020 after a three-year legislative process. Regarded as one of the PRC’s key responses in the engulfing China-United States trade dispute, the law has attracted wide public attention. It has been described as “a new flashpoint in EU-China relations” posing “substantial challenges for European companies”. The compliance costs of European companies who have a direct or indirect trade relationship with China will likely increase as a consequence of the ECL and so does the legal uncertainty involved in doing business in and with China. The essay will examine the ECL’s background (1) as well as its legislative approach and key provisions (2). It will then attempt to gauge the ECL’s immediate impacts and project its potential future developments (3).


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